Have you ever had a feeling that you're helpless?
That someone who has caused trouble for you will never be accountable for causing you harm? Maybe you’ve run into one of these situations on the freeways of Portland.
That’s the feeling that many people in Portland, Oregon, have had after being involved in phantom car accidents. A phantom car accident is similar to a hit-and-run accident in which the at-fault driver leaves the scene without providing their information.
In the case of a phantom car accident, a vehicle involved causes another vehicle to crash without making any contact and leaves the scene of the accident and the subsequent accident investigation [1].
Here we will explore the psychology behind these events, and shed light on the legal implications they carry in the city of Portland.
Common Characteristics of Phantom Accidents
Phantom car accidents exhibit common characteristics that drivers in Portland, Oregon, should be aware of:
- The other driver does not stop: This is the most distinguishing characteristic of a phantom accident. The other driver may flee the scene for a variety of reasons, such as being uninsured, drunk driving, or driving a stolen vehicle.
- There is no physical evidence: Phantom accidents can be difficult to investigate because there is often no physical evidence of the other vehicle. This can make it difficult to identify the other driver and prove liability.
- It can be difficult to recover damages: Because phantom accidents are difficult to prove, it can be difficult to recover damages from the other driver. If the other driver cannot be identified, the victim may have to rely on their uninsured motorist coverage.
What Circumstances to Phantom Car Accidents Occur in?
Phantom accidents can happen anywhere and at any time. However, they are more common in certain situations, such as:
- At night: Phantom accidents are more common at night. In these situations, it is easier for the at-fault driver to escape without being seen.
- In rural areas: Phantom accidents are more common in rural areas because there are fewer witnesses, and the at-fault driver is more likely to be able to drive away without being seen.
- In high-crime areas: Phantom accidents are more common in high-crime areas because the at-fault driver is more likely to be uninsured or intoxicated.
Who is Most Likely to be Involved in a Phantom Car Accident in Portland?
Phantom car accidents in Portland, Oregon, can affect anyone on the road, but certain demographic and driver characteristics are more likely to be involved.
- Young and Inexperienced Drivers: Statistically, the group that is more susceptible to these types of accidents is young and inexperienced drivers. Inexperienced drivers may have difficulty accurately judging the speed of oncoming vehicles, increasing the likelihood of misjudging a left turn and causing a phantom accident.
- Elderly Drivers: Age-related declines in vision, reaction time, and cognitive abilities can make it more challenging for older drivers to accurately assess the movements of other vehicles, especially in complex traffic situations.
- Distracted Drivers: Distractions such as cell phone use, eating, or engaging with passengers can divert a driver's attention from the road, making it harder to accurately anticipate the movements of other vehicles.
- Aggressive Drivers: Aggressive driving behaviors such as tailgating, excessive speeding, or abruptly changing lanes can contribute to phantom accidents. These behaviors of negligent drivers increase the chances of misjudging the space available to complete a maneuver, leading to collisions with other vehicles.
Understanding the demographic and driver characteristics that are most likely to be involved in phantom car accidents can help raise awareness and promote safer driving habits in Portland, Oregon.
Steps to Take After a Phantom Car Accident
After a phantom car accident, there are several steps you should take to protect yourself and ensure a smooth accident claim process.
Stay calm and assess the situation: If you are injured, call 911 immediately for medical treatment. If you are able, check on the other occupants of your vehicle and any other vehicles involved in the accident.
Move to a safe location: If you can drive, move your vehicle to a safe location off the road. If you are unable to drive, stay in your vehicle and wait for help to arrive.
Exchange information with any witnesses: If there are any witnesses to the accident, get their names and contact information. This information can be helpful if you need to file a claim with your insurance company or sue the at-fault driver.
File a police report: Even if the at-fault driver has left the scene, it is important to file a police report. This will create a record of the accident and may help you to track down the at-fault driver later.
Take photos and videos of the accident scene: If you are able, take photos and videos of the accident scene and any damage to your vehicle. This documentation can be helpful if you need to file a claim with your insurance company or sue the at-fault driver.
Contact your insurance company: If you have uninsured motorist coverage, you may be able to file a claim with your insurance company. Uninsured motorist coverage can help to pay for your medical expenses and other losses if you are injured by an uninsured driver [2].
Contact an attorney: An experienced personal injury attorney can help you understand your legal rights and options and can represent you in court if necessary.
Steps following a phantom car accident are similar to those for a regular accident.
Damages Recoverable After a Phantom Vehicle Crash
Damages recoverable after a phantom vehicle crash in Portland, Oregon, may include:
- Medical Expenses: Coverage for all medical costs related to injuries sustained in the accident, including hospitalization, surgeries, doctor's visits, medication, and rehabilitation.
- Pain and Suffering: Damages for physical and emotional distress experienced as a result of the accident, including pain, suffering, anxiety, and post-traumatic stress.
- Lost Wages: Reimbursement for income lost due to time off work during recovery, medical appointments, or disability.
- Property Damage: Compensation for the repair or replacement of your vehicle and personal belongings damaged in the accident.
- Permanent Disability: Damages for long-term or permanent injuries that affect your ability to work or enjoy life.
- Loss of Consortium: Compensation for the loss of companionship, support, or assistance that you provided to your family or loved ones.
- Wrongful Death Damages: In the tragic event of a fatality resulting from the accident, compensation for funeral and burial expenses, as well as loss of financial support for the deceased's family.
- Legal Fees: Reimbursement of attorney's fees and legal expenses associated with pursuing the case.
The specific damages recoverable in a phantom vehicle crash case in Portland, Oregon, will depend on the circumstances, the extent of your injuries, and the applicable laws in the state.
Phantom car accidents can be a devastating experience, both physically and emotionally. Victims may be left with severe injuries, medical bills, and lost wages. They may also experience emotional trauma, such as anxiety, depression, and post-traumatic stress disorder (PTSD) [3].
You can contact us at Goldberg & Loren for a free consultation to explore your legal options; this can be the beginning of your journey to getting fair compensation for the losses you have suffered.
Sources:
[1] Phantom Vehicle accident| Kemper. (n.d.). https://www.kemper.com/what-is-a-phantom-vehicle
[2] Metz, J. (2023, September 8). What Is Uninsured Motorist Coverage? Forbes Advisor. https://www.forbes.com/advisor/car-insurance/uninsured-motorist-coverage
[3] How to Cope with Trauma After an Accident. (n.d.). Anxiety and Depression Association of America, ADAA. https://adaa.org/learn-from-us/from-the-experts/blog-posts/consumer/how-cope-trauma-after-accident